QLD Car Towed - Paid to Get It Back

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,731
1,056
2,894
www.hutchinsonlegal.com.au
Try police again. Is it possible to drive your car out if police give you access? If he was operating as a legitimate business he would be available to discuss commercial terms during business hours.

If that fails lodge an urgent case at QCAT for the 'interim return' of your vehicle. Then you get time later to sort out any losses and damages on both sides.

And report him to council.
 

PeanutLuver

Well-Known Member
28 February 2017
74
3
199
H
Try police again. Is it possible to drive your car out if police give you access? If he was operating as a legitimate business he would be available to discuss commercial terms during business hours.

If that fails lodge an urgent case at QCAT for the 'interim return' of your vehicle. Then you get time later to sort out any losses and damages on both sides.

And report him to council.


Hi Rod,

Thanks for reply.

Ok, will ask Police again today - they told us we need to make booking time with Tower & they can come - but with no booking time I don't know. (Tower has a high fence and high gate of course, and an intercom thing with a sticker claiming its our of order.)

I'm offering to pay him money, but no response to calls or letter - so he seems to be obstructing/refusing communications as a strategy to keep my car. He deliberately seems to make it hard to contact him.

I had phoned council and they said he / this property to run a business or this type of business. They said they'd follow up on it & that they could order such business cease at the property. Apparently it's not allowed in that type of area. That's what they said - heard nothing back yet though. They may be investigating. Not getting me my own car back at this point tho. I will try council again too.
 

PeanutLuver

Well-Known Member
28 February 2017
74
3
199
Try police again. Is it possible to drive your car out if police give you access? If he was operating as a legitimate business he would be available to discuss commercial terms during business hours.

If that fails lodge an urgent case at QCAT for the 'interim return' of your vehicle. Then you get time later to sort out any losses and damages on both sides.

And report him to council.


Hi Rod,

Can you help me how to lodge an interim order with Qcat for return of my car please? Don't know about that type of process? Do I still lodge some kind of minor debt dispute with Qcat at same time?

Thus far Police station have indicated they can do a Community Assist job if you ring Policelink & book a time - but we were told to first book a time at tower property - but can't get to talk with tower - he doesn't answer phone - will go back to Police but expect they say same. There seems a preference that you make arrangements with Tower, including monies & collection time. I phoned & sent him letter but he doesn't contact me back.

I am getting quite worried - well been like that since this started as he been tricky to contact from start.
 

PeanutLuver

Well-Known Member
28 February 2017
74
3
199
Many sleepless nights at my end...

Don't feel this guy is very legit at all - my impression / gut feeling from start of this saga sadly. Also got confronted on footpath trying to deliver a letter with my contacts & making demand for return of my car - got told I was standing on private property while on the footpath etc etc. Very unpleasant. Will definitely plan to take Police, but it may take some kind of court or QCAT order first....

Am documenting that he appears to avoid/refuse and obstruct communications - they appear to filter phone calls - as in almost never answer phone. And he's not phoning me back ...,

Appreciate your help greatly - can you tell me about this interim order to get your car/goods back via Qcat & what else I need to for that please? I had spoken with a lawyer but he didn't tell me about that at all
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,731
1,056
2,894
www.hutchinsonlegal.com.au

PeanutLuver

Well-Known Member
28 February 2017
74
3
199
Read this: Urgent applications - QCAT Queensland Civil and Administrative Tribunal

Looks like you fill in a form 41.

Then call QCAT if you have queries.

Hey Rod,

Thanks very much - good idea - wish I known earlier about interim order.

Looks like you lodge both a minor debt application form (one of them, apparently there's a couple to select from), plus the interim order.

Like there's at last a Form 3 minor debt application form at Qcat, plus a Form 1 for a consumer minor debt claim. Been getting confused with it. Form 1 seems to include return of goods (eg to ask for car back maybe?), and other costs options.

There may be other minor debts claim form types. If I pay the Tower money however, do I use Form 3? Or another form number?

You wouldn't believe how much this tower is demanding now - it's very extreme - even much higher than before. Still, I'm very worried he's been hoping/to keep my car/just keep ramping the cost up out of reach so he does.

I was going to offer him money but nothing like that. Over $3,000 seems very out of order. Also he's now admired he's been in my car & gone thru & touched my personal belongings including papers & docs etc. Police don't care my car has been opened (it was locked) & apparently been broken into & my belongings & private materials/docs/cards/keys/money etc will have been interfered with. No authority for him to do that!

Seems either way will be taking this guy to Qcat now (thanks Rod & Jimmypatto).

Have gotten very worried he was trying to keep my car, & bumping costs up till I either paid a very high /even higher fee, or caved & left my car with him (which wasn't gonna happen). Wish the lawyer had told me about the interim order & precisely which minor debts firm (given he still had my car ).

Tower has jacked his price up even more to over $3200 now. I have offered him cash but haven't said how much. First time got anything in writing from towee was a rude text today (after I finally got him on phone after my letter ) after he never rang me back (yet again). He said he didn't have to & I said 'of course you need to communicate'.

This is his way - all sorts of lame dishonest excuses from him not communicating, calling, texting, etc - then the rude text - contacts with him are worrying, as is the criminal amount he's charging, & he comes across to clients like me as very crotchety & dishonest

Seriously hope Qcat do something about him, though he seems he may be type to avoid paying up - time will tell...

What can I ask Qcat for in terms of costs / damages - any ideas?

The experience is distressing - eg car broken into, extreme unreasonable fees, the things he & the other one state, the demand to keep my car unless you pay the extortion money, my belongings inclyding valuables, papers, etc all touched apoatentky, the car being broken into & opened & no one doung anything at all, & hence forth he got his hands on my stuff in the car, the way he speaks to his victims like me, hes very crotchy, & crafty, etc... it's all a bit shocking really

Would like to hear back from people who have gone to qcat & obtained a favourable decision, about your circumstances, & how its going at Qcat for you, inckuding those chasing money afyer a favourable Qcat ruling.

I seem to have a few problems/factors to put in my Qcat application
 

JaneT58

Member
14 March 2017
3
0
1
Not sure if anyone can help me but is there a way of sending a private message? I'm new to this forum and wish to pm someone my contact details. Thanks if anyone can help
 

JaneT58

Member
14 March 2017
3
0
1
Hi Jimmy,

Thank you again.

With Police there seems mixed messages - Policelink & Police station can each day contact or report to the other to take a report.

Yes, I'm thinking I will physically go to Police this time and try for their help. Though if my phone experiences have been anything to go by they may prefer to sidestep these matters and may get mixed info/messages/a fob off again. But I plan to go see them in person now.

This bloke is located south side on average property. The business name and company he gives is not Elite Security - it's a totally different name.

Like to try get my car back first I hope then can let you know their specific details and so we can help others and so they are aware.

My impression is with someone like this that if they are ordered by QCAT to pay back money that heat be likely to not do so. This guy does use a trading name and has a pty ltd company name of same. Free ASIC search showed 2015 note to wind up this company but I don't think it happened.

The ASIC website was behaving a bit oddly this week & said to try later too so haven't been able to do a proper free or paid search. There is an ABN result linked to this PTY LTD but the name is different & not registered for GST. When I press the link is the ABN result to go to his Pty Ltd entity it wouldn't show a result. Will try again. Didn't spot any mail boxes at his property either of course. Will give you such details a bit later, & hopefully once I have my car.
Hi Jimmy,

I'm new to the forum but am trying to get in touch with you via a private message or email. I can't seem to find the private message option on here. Is there a way of sending you a message or an email. Thanks if you can help.
 

PeanutLuver

Well-Known Member
28 February 2017
74
3
199
Hi Jimmy,

I'm new to the forum but am trying to get in touch with you via a private message or email. I can't seem to find the private message option on here. Is there a way of sending you a message or an email. Thanks if you can help.

Hi Janet

Yeah, me too.

Regards
 

PeanutLuver

Well-Known Member
28 February 2017
74
3
199
Hi Peanut,

Mate, without a doubt your best bet would be to actually go into your nearest police station and explain the situation. Including all the details you provided above. Your car has been towed to private, non-commercial property. This is definitely not legal. Go see them mate.

Also, what is the name of the property you were towed from? What company towed you? What is the address where your car is located and what is the ACN of the company? I will be naming and shaming them on a website I am creating to help others like you


Hey Jimmy,

Not having that much luck. Like to get in touch with you too. Tried to send you a PM the other day but unsure how that works here.

The tower now wants rather of $3,000 & has apparently even got into my car & my belongings in it. Police don't seem to like to do anything other than go as a Community Assist job (but no real support or action) just to "Keep the peace" for you etc.

Kindest regards

Hi Peanut,

Mate, without a doubt your best bet would be to actually go into your nearest police station and explain the situation. Including all the details you provided above. Your car has been towed to private, non-commercial property. This is definitely not legal. Go see them mate.

Also, what is the name of the property you were towed from? What company towed you? What is the address where your car is located and what is the ACN of the company? I will be naming and shaming them on a website I am creating to help others like you

Also very disappointed Police won't do anything about this apparent breakin to my car & Tower messing with my private belongings, docs, etc. So far they keep whipping their hands of - tho I will keep mentioning it.

Thanks for your help.

Interested in groups/advocacy on this issue in Qld. Legislation would make it much easier & reduce exploitation - if it was well done.